AMAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this revision petition, petitioner has challenged the judgment passed by the Court of learned Sessions Judge, Sirmaur District at Nahan in Criminal Appeal No. 42-Cr.A/10 of 2009 dated 01.08.2011, vide which learned Appellate Court while dismissing the appeal so filed by the present petitioner upheld the judgment passed by the Court of learned Judicial Magistrate Ist Class, Court No. 1, Paonta Sahib in Cr. Case No. 159/2 of 2006/05 dated 24/08/2009/27.08.2009, whereby learned trial Court had convicted the present petitioner for commission of offences punishable under Sections 279, 338, 201 of Indian Penal Code and Section 181 of M.V. Act and sentenced him to undergo simple imprisonment of one month and to pay fine of Rs.500/- for commission of offence under Section 279 of Indian Penal Code, simple imprisonment of three months and to pay fine of Rs.500/- for commission of offence under Section 338 of Indian Penal Code, simple imprisonment of one month and to pay fine of Rs.500/- for commission of offence under Section 201 of Indian Penal Code and sentenced to pay fine of Rs.500/- for commission of offence under Section 181 of M.V. Act.

(2.) The case of the prosecution in brief was that on 12.04.2005 a telephonic message was received at Police Station, Paonta Sahib, at around 11.55 A.M., from Medical Officer, Civil Hospital Poanta Sahib, about the occurrence of an accident. Thereupon, ASI Shyam Lal alongwith other police officials visited the hospital, where they recorded the statement of victim Shaweta Sharma daughter of Ashok Kumar, resident of village Bangran. Victim stated that on the fateful day i.e. 12.04.2005, she had gone to Government Senior Secondary School, Shivpur for taking admission in 9th class alongwith her friend Swati. At around 10.40 A.M. when the said bus reached near the school, they alighted from the same and as they intended to make certain purchases, therefore, she alongwith her friend started crossing the road but in the meanwhile a scooter came from Bangran side and struck against her right leg, as a result of which, she fell down. She further stated that scooter driver drove away the scooter back towards Bangran side. She also stated that she did not remember the number of the scooter but the driver of the same was known to her, as he was resident of village Bangran. On the statement of the victim, FIR Ext. PW10/A was registered. In the course of investigation, spot map Ext. PW10/C was prepared. Scooter alongwith R.C. and insurance were taken into possession by the police. Driving licence could not be produced by the accused. The scooter was also subjected to mechanical examination. MLC of the injured was obtained by the police. Statements of the witnesses were recorded as per their versions by the Investigation Officer.

(3.) After the completion of investigation, challan was presented in the Court and as a prima facie case was found against the accused for commission of offences punishable under Sections 279, 337, 338 and 201 of Indian Penal Code and Section 181 of M.V. Act, accordingly notice of accusation was put to him, to which, he pleaded not guilty and claimed trial.